The Law on Amendments to the Law on the Procedure for Registration in the Cadaster of real estate and Utilities (Official Gazette of the RS, No. 92/23, hereinafter referred as the: “Law on the Procedure for Registration in the Cadaster“) and the Law on Amendments to the Law on State Survey and Cadaster (“Official Gazette of the RS”, number 92/23, hereinafter referred as the: “Law on State Survey“) were published in the Official Gazette no. 92/2023 on 27/10/2023, and enter into force on November 4, 2023.
I Amendments provided for by the Law on the Registration Procedure in the Cadaster
Law on the Procedure for Registration in the Cadaster aims to increase the efficiency in solving cases, the provisions related to registration by official duty and by force of law have been changed. Now, such registration is carried out without the need for a decision, in accordance with the program of implementation of law enforcement activities, or on the basis of a reasoned proposal of the competent authority. This procedure is initiated when it is established or known that it is necessary to act in the interest of the party or to protect the public interest. Decisions on these programs are made by the Republic Geodetic Authority, with the approval of the Government of the Republic of Serbia.
The next novelty is the determination of the unique registry number of immovable property, that is, until now it was so that it was provided for by a by-law, however, from now on, the Law on the Registration Procedure in the Cadaster prescribes the method of determination, as well as its structure.
The most significant change was made to the provision that regulates the way of submitting a request for registration in the real estate cadaster. It is now possible for the parties to submit a request through the e-counter, but only through a professional user who, in accordance with the law, is authorized to digitize a document issued in paper form, which refers to lawyers. Additionally, it is insisted that the request must be submitted via an electronic form, and it is no longer possible to submit the request directly to the cadaster.
As a consequence of the amendments to the Law on State Survey, the terminological alignment in this law followed, and its name was also changed to ‘Law on the Procedure for Registration in the Real Estate Cadaster and Infrastructure Cadaster’.
II Amendments provided for by the Law on State Survey
The legislator recognized the need for all types of infrastructural and underground facilities to be centrally registered in a single database. Previously, according to earlier laws, certain types of these objects were registered in the real estate cadaster database, while others were located in the utility cadaster database. This system-aligned change enables access to information in one place, within the integrated geodetic-cadastral information system, for all objects in the real estate cadaster and different types of infrastructure objects at the same location.
With these amendments, the Law on the State Survey is harmonized with international standards and guidelines for best practices in the field of mass real estate valuation and price register maintenance. Also, terminological harmonization was carried out, whereby the most significant change refers to the replacement of the term ‘cadaster of lines’ with the term ‘cadaster of infrastructure and underground facilities’.
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